SC not to decide on deferred political entry of officials (UPSC Current Affair)

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Why in the news?

The recent filing of a petition in the Supreme Court (SC) seeking the direction of the legislature to frame a law on the cooling-off period to entry into politics, has brought the focus back on the Cooling-off period for civil Servants

What is a cooling-off period?

• It is a period a civil servant has to serve as a cooldown/ cooling-off period after they retire from the government services and before they can join any private firm/ or a political party.
• This applies to officers of Group "A" Central Civil Services/Posts and All India Services.
• There is no provision of a cooling-off period for one year for re-employment of retired Government officials to any private employment or joining a political party.
• As per All India Services Rules, if a retired Group 'A' officer (pensioner) desires to assume any commercial employment before one year has passed since his retirement, he must first receive the government's prior approval.

Why is it needed?

Senior civil servants occupy key policymaking positions in the government. The cooling-off period is a way to reduce any possible conflict of interest.as well as to ensure their right to take up an employer of choice in the future.

What is the present status of the cooling period?

Individual civil servants have to apply for waivers from the "cooling-off period" to join any private employment or politics.

Why is it a concern?

• There is a well-laid procedure in place for processing proposals to grant such waivers to bureaucrats who retire as joint secretaries and above.
• This is to ensure that such approval or waiver of the cooling-off period is not granted at the whims of the current government.
• It is not a credible practice to make these decisions on a case-by-case basis.
• However, in the past few years, there has been a rise in the waivers of the cooling-off period, which retired civil servants repeated assorting to seek post-retirement benefits in the form of private employment or political patronage
• This is affecting the Governance and quality of the administration. It also puts a question mark on the political neutrality and integrity of civil servants.

What needs to be done?

There is a need for rules and regulations backed by the Law, clearly defining the cooling-off period, the category of retired civil servants to follow the cooling-off period, and waiver conditions(to be minimum), to balance the realize the right to re-employment or joining politics of retired bureaucrats as well as good governance.

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